Software License Agreement
1. Under this Software License Agreement (the “Agreement”), Ideal LifeVision (the “Vendor”) grants to the user (the “Licensee”) a non-exclusive and non-transferable license (the “License”) to use THE VISION GUIDER (the “Software”).
2. “Software” includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.
3. Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.
4. The Software may be loaded onto personal devices for your own personal use. Software may not be copied or shared with anyone else.
5. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.
6. The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies. Whether you are licensing the Software as an individual or on behalf of an entity, you may not: (i) reverse engineer, decompile, or disassemble the Software or attempt to discover the source code; (ii) modify, or create derivative works based upon, the Software in whole or in part without the express written consent of Ideal LifeVision; (iii) distribute copies of the Software; (iv) remove any proprietary notices or labels on the Software; (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software.
7. Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
8. The original purchase price paid by the Licensee will constitute the entire license fee and is the full consideration for this Agreement.
Limitation of Liability
9. The Software is provided by the Vendor and accepted by the Licensee “as is”. Liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
10. The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
11. The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.
12. The Vendor may remedy any non-conforming Software by providing a refund of the purchase price or, at the Vendor’s option, repair or replace any or all of the Software.
Warrants and Representations
13. The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute.
14. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee (“Acceptance”) on installation of the Software.
15. The Licensee will be entitled to one year of email support which will be answered within 24 to 48 hours, at no additional cost.
16. The Licensee will be entitled to maintenance upgrades and bug fixes, at no additional cost, for a period of one year from the date of Acceptance.
17. The term of this Agreement will begin on Acceptance and is perpetual.
18. This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Vendor.
19. The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.
20. Got Vision Membership GotVision.com has purchased Royalty-Free Music Licenses for the music provided in the Got Vision Music Library. It is legal for you to use, provided that the following is true: – You do not sell your CD or MP3 files – You do not use the music in its original form (without vocals) – It is for your own personal use. You do not use your CD or MP3 in a public situation (e.g. seminar) ** ** If you intend to use it publically, then you will need to check with the copyright laws from the artist. Purchasing a membership from GotVision.com and does not give you license to share or publicly use copyrighted material. If you are using your CD’s or MP3’s, then you will also need to check the copyright for that particular artist. It is the user’s responsibility to be aware of copyright laws in his/her country. GotVision.com and implores you to respect all copyright laws and respect the rights of the copyright holders of any material you record.
21. Evaluation and Registration: The Vision Guider demo version is free software. You are allowed to use this software demo without charge. When payment is received you will be given access to a full copy of the latest version of The Vision Guider.
Distribution: You are allowed to make as many copies of The Vision Guider demo version as you wish, share exact copies of the original Vision Guider demo to anyone, and distribute The Vision Guider demo version in its unmodified form via any electronic means. There is no charge.
You are not allowed to charge a price or request donations for any of the copies (however you made them). You are also not allowed to distribute The Vision Guider or membership with other products, commercial or otherwise without prior written permission from
22. User agrees not to engage in unacceptable or illegal use of the Software, which includes, without limitation, use of the Software to:
(a) create, disseminate, store or transmit unsolicited messages, chain letters or unsolicited commercial email;
(b) create, disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
(c) create, disseminate, store or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
(d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication or copy the signature of another person without their express authority;
(e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the Canada and its agencies or authorities, or without all required approvals, licenses or exemptions;
(f) disseminate, store or transmit viruses, trojan horses or any other malicious code or program;
(g) engage in any other activity reasonably and in good faith deemed by the Licensor to be in conflict with the spirit or intent of this Agreement.
23. Transfers. Under no circumstances shall User sell, license, publish, display, distribute, or otherwise transfer to a third party the Software or any copy thereof, in whole or in part, without Licensor’s prior written consent.
24. The Parties to this Agreement submit to the jurisdiction of the courts of the Province of British Columbia for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the Province of British Columbia.
25. This Agreement can only be modified in writing signed by both the Vendor and the Licensee.
26. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.
27. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
28. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
29. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
30. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor’s successors and assigns.